Overview of Public Interest Litigation (PIL)

PIL stands for Public Interest Litigation, which implies litigation for the protection of public interests. This is an essential concept in polity and Law, which is also evident in television, particularly in the news. Public Interest Litigation (PIL) is a technique or a practice that emphasizes the citizens of any Country. It is introduced in a court of Law by a private party or by the court itself, not by the aggrieved party.

Objectives of Public Interest Litigation are given below:-

• Public Interest Litigation has become a powerful tool for implementing the legal obligation of the legislature and the executive.
• The chief objective behind Public Interest Litigation is ensuring justice to all and endorsing welfare of the ordinary people of country.
• It is generally not used to safeguard individual interests but used to protect group interests - for which Fundamental Rights have been provided.
• The High Courts and Supreme Court of India has the right to issue Public Interest Litigation. The perception of Public Interest Litigation stems from the supremacy of "judicial review."
• The concept of Public Interest Litigation has diluted the principle of 'locus standi.' 'Locus Standi' indicates that only the 'person/party' whose rights have been infringed upon can file petitions in front of the competent court.
• Public Interest Litigation has commonly been used to challenge public authorities' decisions by the parameters assigned of judicial review, to review a failure to act, or by a public body, or the lawfulness of a decision or action.
• Public Interest Litigation has played an essential role in India's polity and Legal Fraternity. They have been responsible for some landmark judgments in India. They have opened up the doors of the Sabarimala, the banning of the instant triple talaq, legalized consensual homosexual relations, and the Haji Ali shrines to women legalized passive, euthanasia, and many more.

Who can file Public Interest Litigation?

The Public Interest Litigation can be filed by any Indian citizen in the court of Law. However, the only condition being that it must be recorded in the public interest rather than entertaining any private interest. Many times the court also takes suo motu cognizance if an issue is of very public importance. In those cases, the court appoints a lawyer to handle such significant situations.

What is the Significance of Public Interest Litigation (PIL) in India?

The very original purposes of Public Interest Litigation have been to make justice available to the 'poor', and the 'marginalized' section of the Indian society.

The main significances are given below:-

• It is a valuable tool to make human rights ranges to those who have been denied rights and got infringed too.
• It democratizes the admittance of justice to all the people of the country. Any agency or citizen can file petitions on behalf of those who cannot or do not have the means ways to do so.
• It aids in judicially monitoring state institutions like protective homes, asylums, prisons, etc.
• Public Interest Litigation is an essential instrument of social growth and for stimulating the balance between the 'law and justice' and sustaining the 'Rule of law.'

In what conditions the Public Interest Litigation can be filed through?

• Violation of fundamental rights or moral rights.
• Violation of human/moral rights of the poor and marginalized section of society.
• Force the municipal authorities to deport a public duty.
• Execution of Central/State Government policy.

What are the Benefits of filing Public Interest Litigation?

• It explains the law in a better way.
• Hold public bodies accountable by acting reasonably within the remit of their powers and assuring that they make precise choices.
• It tries to develop and help the law by allowing the judges to understand the legislation.
• Public Interest Litigation gives weak people a voice by emphasizing a significant issue. Furthermore, given that a platform for advocating for their rights.
• Raise awareness of significant problems assisting media coverage and public debates.
• Attentive citizens can find a reasonable solution because there is only a nominal rate of court fees.
• Litigants can achieve outcomes and focus attention on broader public issues in the field of consumer welfare, Human rights, and the environment.

What are the Documents Required for filing Public Interest Litigation in India?

• At the very 1st, you must Request a public interest lawyer or association to file your Public Interest petition.
• You must collect essential documents which are as follows:-

  1. Identity proof,

  2. Resettlement policy if any,

  3. Title deeds,

  4. Notice,

  5. Verification of residence,

  6. And photos of the eviction.

• Complete List names and addresses of all people approaching the court to file Public Interest Litigation.
• Full List of names and addresses of government officers from which relief is questioned.
• Complete List of events providing rise to violations of the fundamental rights of the concerned people.
• In the same way, collect all the dates when the eviction took place, when and if an eviction notice was provided, indicating the duration of stay at the site, and other significant details associated with the expulsion.
• You should also mention the relief being that has been sought from the court.

What is the Procedure to File Public Interest Litigation in India?

The Public Interest Litigation can be filed in the Supreme Court of India or High Court, depending on the situation. Both the courts have the power to decide the Public Interest Litigation under different Provisions of the Indian Constitution.

The Supreme Court

If the Public Interest Litigation is filed in Supreme Court, then five sets of the petition must be filed opposite the party served, the copy only if the notice is delivered. The court can take action and treat a letter as a writ petition also. The court has to contend that the writ petition complies with the following aspects.

Those are as follows:-

• The letter is addressed by a public-spirited individual or a social action group or by the aggrieved person.
• They should work to enforce legal or constitutional rights to any person who cannot approach the court for redress upon disability or poverty.
• If the court gets satisfied, the court can also take action based on newspaper reports in such cases.

In High Court

The person is required to file two copies of the petition if a Public Interest Litigation is presented in a High Court. By the same token of the response, an advance copy of the petition must send to the opposite party (respondent). It will act as a proof of service which has to be attached to the petition.

Step-by-step Procedure to file Public Interest Litigation

• Step 1

  One has to do the complete research before filing a Public Interest Litigation about the issue. The petitioner needs to consult all the individuals and groups affected whenever a Public Interest Litigation is filed concerning people at large.

• Step 2

  Afterwards, collect all the vital documents and information as evidence to support your case once you are sure of filing a Public Interest Litigation. You can appoint a lawyer to argue on behalf of you or argue the case on your own.

• Step 3

  Before filing the Public Interest Litigation, it is always advisable to consult a lawyer. Moreover, be prepared to convince the court and explain the problem if you are interested in arguing the case on your own in the time you when have been allotted.

• Step 4

  The format of the Supreme Court has the name of the respondent and the name of the petitioner. The format must be written and addressed to the ‘Chief Justice’ of India. Additionally, you should proceed with the subject of the format to fill the essential event.

• Step 5

  Once the Public Interest Litigation copy is ready to be filed in the High Court, and then submit two copies of the petition to the court. Along with this, one copy of the petition needs to be served to the respondents in advance. This proof of serving the petition copy to the respondents has to be affixed in the petition.

• Step 6

  Almost five copies of the petition need to be submitted to the court if the Public Interest Litigation is filed in the Supreme Court under Article 32 of the Indian Constitution. The opposite party (Respondent) is served with the petition copy when the court issues the notice concerning the same.

CorpBiz Procedure for Public Interest Litigation

A Public Interest Litigation is a crucial Judicial Review that shall be prepared with careful consideration. Plenty of time should be allowed for all stages of drafting and Convincing. It is advisable that an attorney with significant ' Public Interest Litigation experience' must be appointed to overwhelm many of the potential pitfalls that creep around within the Public Interest Litigation petition.

CorpBiz recommends you that you should be in contact with an advisor/lawyer to understand the requirement in detail. The elementary information would be mandatory from your end to start the process. The lawyers will begin working on your document once all the information is provided, and the payment is received. Also, you will acquire the first draft of your petition within a few business days. You can evaluate the document, and intimate for the corrections in case of any modifications.

Why CorpBiz?

CorpBiz is one of the platforms which coordinate to fulfill all your legal requirements and connect you to consistent professionals. Yes, our clients are pleased with our legal service! Because of our focus on simplifying legal requirements, they have consistently regarded us highly and providing regular updates.

Our clients can also track at all times the progress on our platform. If you have any questions about the Public Interest Litigation for the petition filling process, our experienced legal advisors are just a phone call away. CorpBiz will ensure that your communication with professionals is charming and seamless.

What is the History of Public Interest Litigation in India?

In the famous 'Hussainara Khatoon' case, Kapila Hingorani filed a petition in 1979 and secured the release of nearly 40000 under trials commencing from Patna's jails. Hingorani was a lawyer, and this case was filed in the Supreme Court before a Bench led by 'Justice P N Bhagwati.'

Consequently, as a result of this successful case, Hingorani is called the 'Mother of Public Interest Litigations.' After due trials and discussions, the court has permitted Hingorani to follow a case; where she had no personal 'locus standi’ ; making the Public Interest Litigation a permanent fixture under the judicial jurisprudence.

What is the Importance of Public Interest Litigation in India?

Public interest litigation delivers a broader scope promoting the right to quality. The detailed view of the broader range is given below:-

• Public Interest Litigation creates a new regime of human rights by increasing the meaning of the fundamental right to life, equality, personal liberty, and many more. In this method, the right to dignity, free legal aid, a quick trial, education, and so on appear on human rights.
• It can be done by creating new kinds of reliefs in terms of the court's writ jurisdiction. For example, the court can grant 'interim compensation' to the victims of the constitutional disorder.
• It can be done by judicial monitoring of state institutions such as women's protective homes, jails, and many more. The court pursues gradual improvement through judicial invigilation in its administration and management. The court takes over the institutions' administration to protect human rights, which has been characterized as creeping jurisdiction.
• From time to time, Public Interest Litigation has taken the guidance of the Central Bureau of Investigation or the National Human Rights Commission or authorities to question into 'human rights' violations, which is also known as 'investigative litigation.’'

Are there any fees for filing a Public Interest Litigation?

Comparing to the other court cases, Public interest litigation seems to be cheaper. Each defendant declared in a Public Interest Litigation must pay a fee of Rs 50, which must be mentioned in the petition also. However, the cost incurred depends on the lawyer in the entire proceedings whom the petitioner sanctioned to argue on his behalf.

What are the agendas on which a Public Interest Litigation cannot be filed?

The Supreme Court of India has delivered a comprehensive list of guidelines concerning the filing of Public Interest Litigation rendering to which Public Interest Litigation cannot be file. Those cases are mention below:-

• Cases related to landlord-tenant
• Cases related to services
• Gratuity and Pension related matters Cases
• Complaints against government departments and local bodies, central government, and state government eliminate issues related to items 1 to 10 declared in the list of guidelines
• Cases related to admission in educational institutions and medical institutions
• Petition for a prompt hearing of pending cases in subordinate courts or High Court

How much time it takes in the hearing of the Public Interest Litigation case?

The court finishes the hearing in a very short time and settles the case if a case is related to the lives of many people or is connected to human rights violations. However, in general, it takes years to hear and settle cases due to the accumulation of excessive public interest petitions in courts.

However, the court can give the officials instructions to do some work during the hearing. A final decision is given in matters related to public interest petitions after the final hearing of both parties.